Public Law 119-73 (01/23/2026)

14 U.S.C. § 304

Retirement of Commandant or Vice Commandant

(a)
(1)
section 306(d) of this title A Commandant who is not reappointed shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in .
(2)
A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d).
(b)
A Commandant or Vice Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral.
(c)
An officer who is retired prior to the expiration of the officer’s term, while serving as Commandant or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant, may, in the discretion of the President, be retired with the grade of admiral.
(d)
section 2501(a) of this title Retirement under this section is subject to .

Aug. 4, 1949, ch. 39363 Stat. 499Pub. L. 86–474, § 1(5)74 Stat. 144Pub. L. 88–130, § 1(4)77 Stat. 175Pub. L. 89–444, § 1(4)80 Stat. 195Pub. L. 97–295, § 2(1)96 Stat. 1301Pub. L. 99–348, title II, § 205(b)(1)100 Stat. 699Pub. L. 103–206, title II, § 204(a)107 Stat. 2421Pub. L. 114–120, title II, § 209(2)130 Stat. 40Pub. L. 115–232, div. C, title XXXV, § 3528(a)132 Stat. 2318Pub. L. 115–282, title I132 Stat. 4196Pub. L. 116–283, div. G, title LVXXXII134 Stat. 4641Pub. L. 117–263, div. K, title CXII, § 11240136 Stat. 4039Pub. L. 119–60, div. G, title LXXII, § 7201(b)139 Stat. 1675(, , § 46; , , ; , , ; , (5), , ; , , ; , , ; , , ; , , ; , , ; renumbered § 303 and amended , §§ 104(b), 123(b)(2), , , 4240; [LXXXII], § 8201(a), , ; , , ; renumbered § 304, , , .)

Historical and Revision Notes

Jan. 12, 1923, ch. 25, § 242 Stat. 1130June 25, 1936, ch. 80849 Stat. 1924June 9, 1937, ch. 309, § 150 Stat. 252June 6, 1940, ch. 257, § 1(a)54 Stat. 246Based on title 14, U.S.C., 1946 ed., § 161 (, ; , ; , ; , ).

Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

section 303 of this titleA prior section 304 was renumbered .

act Aug. 4, 1949, ch. 39363 Stat. 518act May 29, 1954, ch. 249, § 20o68 Stat. 167Pub. L. 88–130, § 1(10)(A)77 Stat. 177Another prior section 304, , , provided for voluntary retirement of warrant officers after thirty years’ service, with retired pay of grade with which retired, prior to repeal by (), , and by , , .

Amendments

Pub. L. 119–60section 303 of this title2025— renumbered as this section.

Pub. L. 117–263, § 11240(1)2022—Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A Vice Commandant who is not reappointed or appointed Commandant shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 306(d).”

Pub. L. 117–263, § 11240(2)Subsec. (c). , substituted “or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant” for “or Vice Commandant”.

Pub. L. 116–2832021—Subsec. (d). added subsec. (d).

Pub. L. 115–282, § 104(b)section 46 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 3528(a)(1), inserted “or Vice Commandant” after “Commandant” in section catchline.

Pub. L. 115–282, § 123(b)(2)Subsec. (a). , substituted “section 306(d)” for “section 51(d)” in pars. (1) and (2).

Pub. L. 115–232, § 3528(a)(2), (3), designated existing provisions as par. (1) and added par. (2).

Pub. L. 115–232, § 3528(a)(4)Subsec. (b). , inserted “or Vice Commandant” after “Commandant”.

Pub. L. 115–232, § 3528(a)(4)Subsec. (c). , (5), inserted “or Vice Commandant” after “Commandant” and substituted “the officer’s” for “his”.

Pub. L. 114–1202016—Subsec. (a). substituted “section” for “subsection”.

Pub. L. 103–2061993—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any Commandant who is not reappointed shall, at the expiration of his term, be retired with the grade of admiral.”

Pub. L. 99–3481986— struck out “and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant” after “admiral” in subsecs. (a) to (c).

Pub. L. 97–2951982—Subsec. (a). substituted “Commandant” for “commandant”.

Pub. L. 89–444, § 1(4)1966—Subsec. (c). , removed requirement that the Commandant serve 2½ years as Commandant before being eligible for retirement with the grade of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant.

Pub. L. 89–444, § 1(5)Subsec. (d). , repealed subsec. (d) which provided that a Commandant who retired within 2½ years of the date of his original appointment as Commandant would retire in his permanent grade and with the retired pay of that grade.

Pub. L. 88–1301963—Subsecs. (a) to (c). substituted “of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant” for “and retired pay of admiral”.

Pub. L. 86–4741960— authorized any Commandant who is not reappointed at the expiration of his term to be retired with the grade and retired pay of admiral, directed placement on the retired list with the grade and retired pay of admiral for a Commandant who is retired for physical disability, reduced from three to two and one-half years the period that the Commandant must serve before he may voluntarily apply retirement without regard to total length of service, and provided that any Commandant who retires within two and one-half years of the date of his original appointment as Commandant shall retire in his permanent grade and with the retired pay of that grade.